Marcoleta questions ICI's independence on flood control probe

Senator Rodante Marcoleta on Tuesday said he wants the Independent Commission for Infrastructure (ICI) to be invited to the next hearing of the Senate blue ribbon committee, questioning why the body is “too dependent” on other government agencies with regard to the investigation into the flood control anomalies. 

Marcoleta said he wants the ICI—the commission created by President Ferdinand "Bongbong" Marcos Jr. through Executive Order 94—-to explain how it can be independent when it relies on other agencies, even on the blue ribbon committee, to gather information on the substandard and ghost infrastructure projects. 

“I’m a little bit worried about the collaboration that the blue ribbon committee and the ICI is now having without defining the limits, the nature, and the extent of the collaboration between the ICI… I don’t know how independent they can be if they are dependent on records, on information, or people that we can produce for them,” the senator said during the ongoing hearing. 

“Ayaw kong mangyari, Mr. Chair, na parang ang blue ribbon committee is the investigative arm of the ICI. Parang hindi po tama eh. We’re supposed to be on the lookout. Meron tayong doktrina on the separation of powers, meron tayong institutional boundaries, meron tayong system of checks and balances. Baka ma-compromise ito eh,” he added. 

(I don't want the blue ribbon committee to be the investigative arm of the ICI. It doesn't seem right. We're supposed to be on the lookout. We have a doctrine on the separation of powers, we have institutional boundaries, we have a system of checks and balances. These might be compromised.) 

The ICI has been tasked to investigate and evaluate evidence, intelligence reports, and information, against all government officials and employees, as well as any other individual, involved in anomalies, irregularities, and misuse of funds in the planning, financing, and implementation of government flood control and other infrastructure projects across the country.

The body shall prioritize the investigation of flood control and other infrastructure projects within the last 10 years from the effectivity of the order. 

Based on its findings, the body shall recommend civil and administrative cases or actions against those responsible to the appropriate disciplinary, prosecutorial, and administrative bodies, such as the Office of the President, Office of the Ombudsman, the Department of Justice, and the Civil Service Commission.

Legislative immunity 

Marcoleta further questioned the legislative immunity that was granted by the Senate blue ribbon committee to several resource persons, including former Bulacan 1st district assistant engineer Brice Hernandez. 

“Sa aking maliit na kaalaman bilang isang abogado, ang parliamentary o legislative immunity aplikable lamang po sa mga mambabatas—-kaming mga senador, mga congressmen. Hindi ito aplikable sa inyo na mga witnesses,” he said. 

(Based on my little knowledge as a lawyer, parliamentary or legislative immunity is only applicable to lawmakers—-us senators and congressmen. It is not applicable to the witnesses.)

“Si Brice, naniwala si Brice eh. Nag-apply. (Brice believed that’s why he applied for such.). Mr. Chair, you cannot grant something that has not been validly granted,” he added. 

Senate President Vicente “Tito” Sotto III, on the other hand, shrugged off Marcoleta’s statement. 

“Huwag ninyo na siya patulan sa ganyan. Pati ICI, gusto niya kontrahin,” Sotto told reporters.

(Don’t mind him. He wants to question even the ICI.) 

During Thursday’s hearing, Hernandez sought for legislative immunity from the panel before sharing how the ghost flood control projects worked in the 1st district in Bulacan. 

Back then, he said that he and several other engineers at the Department of Public Works and Highways (DPWH) divided the "profits" for ghost projects among themselves. — RSJ, GMA Integrated News